LR_3_c_26_01.JPG 

The CASE of William Freeman Esq; and others, the Pro-
prietors of Lands in the Charibbee Islands in America, un-
der the Government of Coll. Codrington, the present Chief
Governour there. LR 3.e.26

I. Since the said Colonel Codrington has been in his Government there, having Power by his
Commission and Instructions with the Councels of the said Islands, to hear Appeals brought
from the Courts of Justice there; and by the nature of such Power ought not to sit in the
said Courts, where such Suits are originally depending, or to shew any Partiality to any of
the said Suitors. Yet contrary to the Nature of such Commission, and the Duty of his Place, he
the said Coll. Codrington, hath sat on the Bench with the Chief Justice and Judges, and Interested
himself in private Causes, where Matters of Freehold and Titles of Land have been in Controver-
sy; Arguing with the Bench and Bar in Favour of one of the Parties.

II. THAT after Appeals have been Granted, which by the Nature of such Appeals, they are a Super-
sedens to an Execution, until the Appeal heard. Yet the Appellees Councell hath the next day come
into Court, and in an Arbitrary manner Declar'd, That it was the said Coll. Codrington's Order he
should demand Execution; which if they denied, he should acquaint him (meaning the General) there-
with. By which Threats the Court immediately granted the same, and which Execution was the
same day executed, and the Possessor turned out of a Possession, which he and his Ancestors enjoy'd
for 45 Years before, to their great Damage.

III. THAT after Appeals have been granted, and the Appellants have in a most Dutiful manner by
Petition, humbly pray'd him to signifie his Pleasure, when and where they should attend him
with the same; He the said Coll. Codrington has refus'd to give any regular Answer to such Peti-
tions, Declaring by Endorsement thereon, that his Excellency (meaning himself) took the same
for a Libel, and not a Petition, with other very unusual Expressions.

IV. THAT when the Parties by their Councell have Moved the Court to grant such Appeals, He
hath openly declared in Court, That if the Judge granted the same, he would not Hear it; Upon
which it was by the Court Denied, to the hindrance of Justice.

V. THAT when His Majesty's Subjects have caused their Letters Patents, and others their Deeds
and Evidences relating to their Titles to their Estates, to be Enrolled, according to the Custom of
the said Islands. Yet he the said Coll. Codrington, in order to destroy the same, hath illegally and vi-
olently tore the Register and Records, where they were Registred and Recorded;
to the Destruction of the said Records,
and making the Titles of King's Subjects precarious.

VI. THAT he the said Coll. Codrington, has arbitrarily issued out his Warrant under his Hand, Re-
quiring his Majesty's Subjects to Appear at their perils before him, to Answer Matters of Free-
hold and Titles of Land.

VII. THAT after the issuing out of the said Warrant and destroying of the said Records, the Person
who pretended Title to the said Premisses, was thereby encourag'd, and by the said Coll. Codrington's
Order (as he declar'd) did violently Enter and take Possession of the Land mention'd in such
Warrant, with Guns, Swords, and other Weapons, threatning the Death of all that should oppose him.

VIII. THAT the said Coll. Codrington, Riding by a Plantation, whereof one of his Majesty's Sub-
jects was in peaceable Possession, he stopt his Horse, and looking thereon, declared, That he would
have the Plantation, Or else the Possessor thereof, or else he should fall by it, and lose their Lives.

IX. THAT not long after, two Persons, who pretended to be Justices of the Peace, came with se-
veral others (one of which was the said Coll. Codrington's Agent) Arm'd with Swords and Pistols
to the said Plantation, And there Forceably and Arbitrarily, and without any legal Tryal, turn'd
the Possessor's Agent and Servants out of Possession thereof; And committed the said Agent and
Servants to Prison; and who thereupon Petitioning the said Coll. Codrington for Redress therein, he
refus'd to give any Answer thereto.

X. THAT when his Majesty's Subjects have Petition'd him against the irregular Orders of former
Governours, instead of giving Relief therein, he the said Coll. Codrington hath declar'd, That he would
justify all, such Governours had done, to the end the subsequent Governours might do the same by him.

XI. THAT when the Judges in Court have been Consulting amongst themselves what Order to
give, on Motions made before them in Matters of Land, &c. and the said Coll. Codrington has
suspected such Order or Rule would not be given, as he desir'd, he being then in Court, has in a
Threatning manner, declar'd, That he was sorry he had given them their Commissions, Whereby
the Judges have been deterr'd from making any Order therein.

XII. THAT when his Majesty's Sollicitor General of the said Islands hath taken Exceptions to the
Commission that he had given Judges upon reading the same, as being illegal, and not agreeable
to the Laws of England, or to any former Precedents, and desir'd to be heard thereto, He the said
Coll. Codrington, being then present in Court, has rose up from the Bench where he sat, and declar'd
he wou'd justify the said Commission, and thereby hindred the Court to give their Opinions therein.

XIII. THAT the said Coll. Codrington does usually in his Discourse abuse and villify his Majesty's Of-
ficers on the said Islands, in the most grossest and abusive Language imaginable, to the great Dis-
couragement of them in performing their Duties.

XIV. THAT after Ships have been discharg'd by Judgment of the Court of Admiralty, upon Seizures
for the Breach of the Act of Navigation, where one Third of the Penalty is given to the Chief Go-
venour of the said Islands; He the said Coll. Codrington, out of a covetous Desire of the said Third
Part, hath caused an Appeal from the said Sentence, to be brought before himself, and as sole Judge
thereof, Revers'd the said Judgment of Discharge, and Condemn'd the said Ship, Notwithstanding
that by such Condemnation, he himself was to have One full third Part of her Value, which is to
be both Judge and Party.

XV. WHEREAS by his Instructions he is requir'd to Transmit all Laws made and Enacted under his
Government unto the King within 3 Months or sooner after their being Enacted. Yet the said Coll.
Codrington, contrary thereto, hath omitted or refused to do the same; And hath notwithstanding put
the said Laws in Execution, and hath rais'd Money and other Impositions on his Majesty's Subjects
under pretence of the same.

All which Mismanagements are humbly submitted to the Corsideration of the Honourable House of Com-
mons, to do therein for the Relief of his Majesty's Subjects, as they in their Great Wisdom shall think fit.

LR_3_c_26_02.JPG 
 
THE
CASE
OF
Willian Freeman Esq; and
Others, Relating to the
Government of the
Charibbee Islands


LR_3_c_26_descript_1.JPG 

COLONEL CHRISTOPHER CODRINGTON OFFERS TO TAKE THE GOVERNORSHIP
OF ANTIGUA

CODRINGTON, Colonel Christopher. A fine ALS from Antigua to a govern-
ment minister in London, announcing the death of Sir William Mathews,
and offering to take over his governorship. 1 1/2pp., folio, integral
blank (lower half renewed), docketed "6 Dec: 1704, From Coll Codring-
ton. To be answered." Antigua, Dec. 6 [1704].

Codrington was one of the greatest figures in the history of the
Leeward Islands. His family owned Barbuda, and were the pre-eminent
family on Antigua. He left £l0,000 to found the Codrington Library
at Oxford, and two plantations on Barbados to the Society for the
Propagation of the Gospel for the foundation of Codrington College.
He says "I am very sorry my prognosis of Sir Wm Mathews has proved
false tho I am sure it was justly grounded. His pulse was firm and
distinct. He had onely a common continud fever without one symptom
of malignancy, but however he is gone out of ye World as most People
do here by way of ignorance, blistering and opium... If ye Queen
pleases I am willing to serve Her here during ye War for I would not
willingly be idle whilst ye World is so busy and I know not well wt
terms I can come into ye army. I doe not intend to give my Friends
any trouble in this affair. If they believe it proper for me to stay
here and ye Ministers think I deserve sixteen hundred pounds a year,
I will wholy apply myself to ye public busnis, there are some things
to by done here wch another Governor perhaps will not think of nor be
able to accomplish..." In fact Codrington had preceded Mathews as
governor, but apparently at his own requent his commission had been
cancelled in February, 1704. Evidently he had a change of heart but
his offer was refused, and the administration of Antigua passed to
Colonel John Johnson, Lt. Governor of Nevis. After a year's interreg-
num, Colonel Daniel Parke arrived to be the new governer-general.
Written during the War of Spanish Succession which opened in 1702.
At the beginning of the war Codrington rapidly subdued the French at
St. Kitts, but like his father before him at Martinique, he failed
in takeing Guadeloupe. In 40 years of handling West Indian books
and manuscripts this is the first Codrington letter we have seen on
the market.